Appl. No. 17/493,793
`Amdt. dated February 6, 2024
`Response to Office Action of November6, 2023
`
`Attorney Docket No.: 101940-1245233
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`REMARKS/ARGUMENTS
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`Upon entry of the present amendment, claims 1-5, 8-14, and 17-20 will be pendingin this
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`application. Claims 1, 11, and 20 have been amended, claims 6-7 and 15-16 have been canceled,
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`and no new claims have been added. No new matter is added. Based on the following remarks,
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`Applicant respectfully requests reconsideration and allowance of the pending claims.
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`Office Action Summary
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`Claim 11 is objected to for formalities.
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`Claims 1-20 are rejected under 35 U.S.C. §101 because the claimed invention is directed
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`to an abstract idea without significantly more.
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`Claims 1-2, 4-5, 8, 11-12, 14, 17, and 19 are rejected under 35 U.S.C. §103 as being
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`unpatentable over Kamonet al. (U.S. Publication No. 2022/0220709) (hereinafter, “Kamon”) in
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`view of Yamadaet al. (U.S. Publication No. 2017/0314987) (hereinafter, “ Yamada’).
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`Claims 3 and 13 are rejected under 35 U.S.C. §103 as being unpatentable over Kamon in
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`view of Yamada and in further view of Kowalchuk (U.S. Publication No. 2014/0196919)
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`(hereinafter, “Kowalchuk’).
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`Claims 6-7 and 15-16 are rejected under 35 U.S.C. §103 as being unpatentable over
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`Kamonin view of Yamada andin further view of Hamadaet al. (U.S. Publication No.
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`2021/0292999) (hereinafter, “Hamada’).
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`Claims 9 and 18 are rejected under 35 U.S.C. §103 as being unpatentable over Kamon in
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`view of Yamada and in further view of Hurd et al. (U.S. Publication No. 2020/0326715)
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`(hereinafter, “Hurd’).
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`Claim 10 is rejected under 35 U.S.C. §103 as being unpatentable over Kamon in view of
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`Yamada andin further view of Cohenet al. (U.S. Publication No. 2021/0025143) (hereinafter,
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`“Cohen’).
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`Claim 20 is rejected under 35 U.S.C. §103 as being unpatentable over Kamon in view of
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`Hamada.
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`Rejections Under 35 U.S.C. § 101
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`KILPATRICK TOWNSEND77972860 1
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`Appl. No. 17/493,793
`Amdt. dated February 6, 2024
`Response to Office Action of November6, 2023
`
`Attorney Docket No.: 101940-1245233
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`Without conceding the correctness of the rejection, and solely in the interest of expediting
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`prosecution, Applicant has amended independent claims 1, 11, and 20 to include additional
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`features that further direct the claim away from ineligible subject matter. As such, Applicant
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`respectfully requests reconsideration and withdrawal of the rejections under 35 U.S.C. § 101.
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`Rejections Under 35 U.S.C. § 103
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`Brief review of Kamon
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`FIG. 1 of Kamon, whichis reproduced below, shows a “construction machinery 1000
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`with learning function ... provided with a working part 104, an operating part 103, a
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`manipulating part 101, a work-state detecting part 112, an operation-state detecting part 113, a
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`reaction detecting part 114, a learning data memory 115, a learning module 118, and a hydraulic
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`drive system 105” (Kamon at [0079]).
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`‘
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`ea
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`FIG. 4
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`FIG. 3 of Kamon, whichis reproduced below, shows a “ hydraulic excavator 10 with
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`learning function ... provided with the body part 102 ... provided with a traveling body (carrier)
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`19” and where a “ swiveling body 15 is provided on the body part 102 so as to be swivable about
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`a vertical first rotary axis Al” and “is further provided with a swiveling motor 14 which causes
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`the swiveling body 15 to swivel” (/d. at [0114]-[0115]).
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`KILPATRICK TOWNSEND77972860 1
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`Appl. No. 17/493,793
`Amdt. dated February 6, 2024
`Response to Office Action of November6, 2023
`
`Attorney Docket No.: 101940-1245233
`
`
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`FIG. 3
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`Kamonfurther describesthat “[t]he swiveling body 15 or the body part 102 of the
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`hydraulic excavator 10 is provided with a gyroscope 314”that “detects ... vibration (including an
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`excitation force, acceleration, and angular acceleration) of the swiveling body 15 or the body part
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`102, ... and vibration data as the reaction data 214.” (/d. at [0114]-[0115]). Kamon further
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`describes that “when the bucket 18 acts on the ground (digs the ground, rakes the earth, etc.), the
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`operator determines, by sensing the reaction, whetheror not the intended work (action) is
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`performed... [t]hen, the operator determines the next manipulation instantly considering these”
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`(/d. at [0181]).
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`Brief review of Yamada
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`Asbest understood, Yamada describes “[a]n attachment monitoring system”that
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`“includes a working machine, attachments, a measurement unit, a terminal device, and a server
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`device” (Yamada at [0009]). FIG. 1B of Yamada, which is reproduced below, showsa “breaker
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`monitoring system 1 includes a measurementunit 16 ... attached to an arm 14”that “measure[s] a
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`vibration and a hydraulic pressure of the driven breaker 15 that is identified on the basis of
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`individual identifying information” (/d. at [0032]-[0033]).
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`KILPATRICK TOWNSEND 779728601
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`Appl. No. 17/493,793
`Amdt. dated February 6, 2024
`Response to Office Action of November6, 2023
`
`Attorney Docket No.: 101940-1245233
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`FIG.1B
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`4
`
`
`sSt-3
`gSi-2
`
`
`INDNAD:
`REDUIRE
`MEASURE VIBRATION
`OODENTIEYING
`AND HYDRAULIC
`INFORMATION OF
`PRESSURE OF
`
`
`BREAKER
`BREAKER AND
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`MEASURED RESULT
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` INDIVIDUALLY
`
`
`
`IDENTIFY BREAKER
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`FIGS. 7A and 7B of Yamada, which are reproduced below, show “examples of
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`estimation of operation states of the breaker 15” including “in FIG. 7A, the analyzing unit 21¢
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`can estimate whether an operation state of the breaker 15 is “normalstrike” or “blank blowing”
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`on the basis of a detected result of the hydraulic pressure sensor 16b... [s]pecifically, when a
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`hydraulic pressure detected by the hydraulic pressure sensor 16b indicates a waveform that
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`exceeds a predetermined threshold indicating that the breaker 15 is inastriking state, the
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`analyzing unit 21c estimates whether the operation state is “normalstrike” or “blank blowing” by
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`.. aform of this waveform”and “in FIG. 7B, ... when a hydraulic pressure detected by the
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`hydraulic pressure sensor 16b indicates a waveform indicating that the waveform is less than a
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`predetermined threshold, namely the breaker 15 is in a strike standbystate, and... the vibration
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`sensor 16c detects a vibration (see part M2illustrated in FIG. 7B), the analyzing unit 21 c
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`estimates that this case is “sweep”” (/d. at [0099]-[0104]).
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`KILPATRICK TOWNSEND77972860 1
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`Appl. No. 17/493,793
`Amdt. dated February 6, 2024
`Response to Office Action of November6, 2023
`
`Attorney Docket No.: 101940-1245233
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`FIG.7A
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`40
`
`
`
`9iN
`
`ORMALTes muh
`SSfeetoePonce
`oy |
`ta|an
`3
`TRE
`ee Ou
`
`o
`a
`“4
`
`
`
`HYDRAULICPRESSURE
`
`TIME
`
`FIG.7B
`
`
`
`
`
`THRESHOLD
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`40-
`
`8
`
`Qui
`35 6
`
`3S
`
`e *a
`2
`
`8
`
`2
`
`2
`4
`
`8
`
`;
`8
`
`+6
`
`
`
`VIBRATION
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`AME
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`Amendment
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`Without conceding the correctness of the rejections, and solely in the interest of
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`expediting prosecution, Applicant has amended claim 1 (and similarly claims 11 and 20)to recite
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`the following features:
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`providing the one or more features to a machine-learning modelto
`generate a model output,_the model output including a set ofOG candidates
`corresponding to times at which the implementis interacting with the ground
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`KILPATRICK TOWNSEND 77972860 1
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`Appl. No. 17/493,793
`Amdt. dated February 6, 2024
`Response to Office Action of November6, 2023
`
`Attorney Docket No.: 101940-1245233
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`surface and a set of implement-in-air (IIA) candidates corresponding to times at
`which the implementis not interacting with the ground surface; and
`predicting an implement-on-ground (IOG) start time and an IOG
`end time using the set ofOG candidates and the set of ITA candidates, the IOG
`start time and the IOG endtime forming the period during which the implementis
`interacting with the ground surface.
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`Support for this amendmentcan be foundat least in FIG. 8, which is reproduced below,
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`and paragraphs [0073 ]-[0074] of the published application, which state the following (emphasis
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`added):
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`[0073] FIG.8 illustrates an example of a prediction of IOG periods based on a
`vibration signal and its corresponding amplitude features 847, in accordance with
`some embodiments of the present disclosure. Also shownare predictions for IOG
`start times 836 and IOG endtimes 838 andthe truth reference indicating when the
`IOG periods occur. In the illustrated example, amplitude features 847 represent
`the changes in the amplitude of the vibration/acceleration signal. Each value in
`amplitude features 847 is calculated by summing the magnitude ofa first window
`including 8 values and dividing by the sum of the magnitude of a second window
`including 64 values. The two windowsare aligned at the last sample of the
`windows.
`[0074] The illustrated amplitudefeatures of the vibration signalare providedto
`a machine-learning model which generates IOG candidates 844 and ITA
`candidates 845, which are illustrated in FIG. 8 at their associated times. During a
`post-processing stage, clusters of IOG candidates 844 and clusters of ITA
`candidates 845 may be identified. The transitions from clusters of ITA candidates
`845 to clusters of IOG candidates 844 may be usedto predict IOGstart times 836
`based on, for example, the time of the first IOG candidate in each IOGcluster.
`Thetransitions from clusters of IOG candidates 844 to clusters of ITA candidates
`845 may be used to predict IOG end times 838 based on, for example, the time of
`the first ITA candidate in each ITA cluster and/or the time of the last IOG
`candidate in each IOG cluster.
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`KILPATRICK TOWNSEND77972860 1
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`Appl. No. 17/493,793
`Amdt. dated February 6, 2024
`Response to Office Action of November6, 2023
`
`Attorney Docket No.: 101940-1245233
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`
`
`Hoesen Truth
`eed
`
`
`OS Truth 838
`SETS
`
`geosseeebeceeetssiciey
`
`sete MO vooses
`
`jevsseasase
`
`
`
`
`
`
`
`AspttadeFeaturesofVibrationSigna!
`
`MU
`
`
`
`
`
`ft
`wredied)
`|
`}
`109 Stat Tine
`!
`206
`Start
`Teste
`G35 (predict
`
`oo 106St nines 6 (predicted)
`a 836(predicted
`
`
`Fiane {oy}
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`FIG. 8
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`Applicant submits that the newly added features in claim 1 are not taught by Kamon,
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`Kamon, Yamada, Kowalchuk, Hamada, Hurd, and Cohen, considered individually or in
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`combination. For example, while Hamada does describe, in reference to FIG. 9, “heat maps
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`representing a likelihood time series related to unit worksand a likelihood timeseries related to
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`element works” (Hamada at [0121]), these “time series” do not appear to be described as
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`corresponding to “times at which the implementis interacting with the ground surface” and
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`“times at which the implementis not interacting with the ground surface” in the mannerrecited
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`in amended claim 1. The remaining cited references do not appear to remedy the deficiencies in
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`Hamada.
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`Accordingly, Applicant respectfully requests reconsideration and withdrawal of the
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`rejections under 35 U.S.C. § 103.
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`Forat least the foregoing reasons, Applicant submits that claim 1 and similarly claims 11
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`and 20 are in condition for allowance. Claims 2-5 and 8-10, which depend from claim 1, and
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`claims 12-14 and 17-19, which depend from claim 11, are in condition for allowanceforat least
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`the reasons discussed in relation to claim 1 as well as for the additional elements they recite.
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`KILPATRICK TOWNSEND77972860 1
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`Appl. No. 17/493,793
`Amdt. dated February 6, 2024
`Response to Office Action of November6, 2023
`
`Attorney Docket No.: 101940-1245233
`
`CONCLUSION
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`In view of the foregoing, Applicant believesall claims now pendingin this application
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`are in condition for allowance. The issuance of a formal Notice of Allowanceat an early date is
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`respectfully requested.
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`Except for the issue fees payable under 37 C.F.R. § 1.18, the Director is authorized to
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`charge any additional fees during pendencyofthis application, including any required extension
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`of time fees, or credit any overpayment to Deposit Account Number 20-1430. This paragraphis
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`intended to be a constructive petition for extension of time in accordance with 37 C.F.R. §
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`1.136(a)(3).
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`If the Examinerbelieves a telephone conference would expedite prosecution ofthis
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`application, please contact the undersigned at 303-607-3211 or
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`bmellor@kilpatricktownsend.com.
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`Respectfully submitted,
`
`/Brett L Mellor/
`Brett L. Mellor
`Registration No. 71,835
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`KILPATRICK TOWNSEND & STOCKTON LLP
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`MB
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`KILPATRICK TOWNSEND77972860 1
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`Page 13 of 13
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